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XVI.:

REAL ESTATE
WITH USUAL
CLAUSES.

SETTLEMENT on Marriage, of Freehold
and Copyhold Estates by Appointment and
Lease and Release, and Covenant to surrender.
DECLARATION of Uses—AS to an Advowson
for the Husband's Father for Life-As to the
other Hereditaments to the Use of Trustees for
a Term to raise an ANNUITY by Way of Pin-
MONEY — As to all the flereditaments, (subject
as aforesaid), to the HUSBAND for LifeRe-
mainder to Trustees to preserve Contingent
REMAINDERS-LIMITATIONS to the Wife of
two JOINTURE RENT-Charges, (to take Ef-
fect in different Events), with Powers of Dis-
TRESS and Entry-of a TERM to secure the
same-of a Term to raise Portions for
Younger Children, with the usual Clauses as
to such Portions to the First and other
Sons of the Marriage in Tail Malewith
REMAINDER IN Fee. Power for the Hus-
band to limit a Jointure and Charge Por-
TIONS on any subsequent Marriage. Pow-
Ers to grant Mining LEASES—Leases for
Twenty-one Years- BUILDING AND REPAIR-
ING LEASES—and LICENSES to COPYHOLDERS
to demise and do other Acts-Powers of En-
FRANCHISEMENT and of SALE and ExchANGE –

Trustee Clauses—Covenants for Title (a). THIS INDENTURE, made &c., BETWEEN C. B., of &c., and — his wife, of the first part; A. B., of &c., [the

Parties,

General observ. (a) For some general observations on the progress and nature of settleations on settle- ments of real property, see Harg. & Butl. Co. Litt. 290. b., n. (1), V.; Id.

WITH USUAL

CLAUSES.

intended husband], (the eldest son and heir apparent of the Real EstATE said C. B.), of the second part; E. D., of &c., and C. D.,

* CL'AUSES." of &c., (the third daughter of the said E. D., an infant under the age of twenty-one years (6)), (the intended wife], of the third part; I. K., of &c., and L. M., of &c., [releasees and trustees to preserve contingent remainders), of the fourth part; N. P., of &c., and Q. R., of &c., [trustees of the pin-money term], of the fifth part; S. T., of &c., and U. V., of &c., (trustees of the jointure term], of the sixth part; and X. Y., of &c., and Y. Z., of &c., (trustees of the portions term], of the seventh part: WHEREAS, under and by virtue of an indenture of bargain Recital of asand sale duly enrolled in his Majesty's Court of Common Surances by

virtue of which Pleas at Westminster, bearing date the day of certain heredit

de aments stand and made or expressed to be made between (parties], and of a three common recoveries duly suffered in pursuance of the uses as the hussame indenture in Easter term, in the year of the father shall reign of his late Majesiy King — , before his Majesty's jointly appoint; justices of the Court of Common Pleas at Westminster, and of certain indentures of lease and release bearing date respectively the — and — days of the release being made or expressed to be made between (parties], the several manors of &c., in the counties of — and — , and the manor of — , in the county of — , with their re

limited to such

band and his

271. b., n. (1), V.; Butl. Fearne on Conting. Rem., 562, n. (h), 9th ed.; ments of real IV. Cru. Dig. by White, Tit. XXXII. chap. xxiv. s. 6 et seq.; ante, estate; Vol. I. Art. Settlements, and supra, p. 308.

The precedent in the text, in spite of its length, is very nearly of the —simplest simplest description; for, with the exception of the partial provision for the for father and mother of the intended husband, it provides only for the husband and wife and the children of the marriage. It provides an annuity by way of pin-money for the wife during the joint lives of herself and her husband, and a jointure for her, if she survive the husband. It limits only one life estate—that of the husband--and one estate tail, viz. an estate in tail male for the first son of the marriage. Portions are provided for the younger children, and the husband is enabled to provide for a future wife and children should he survive his present wife and marry again. The other powers and clauses relate to the management and disposition of the estate.

(b) As to settlements on the marriages of infants, see supra, p. 455, n. (a).

WITH USUAL

REAL ESTATE spective rights, members, and appurtenances, and the site "CLAUSES." of the late monastery or abbey of — , in the same

county, and the rectories of &c., in the same county, and the advowsons of the churches and rectories of &c. and of the churches and vicarages of &c., and of the chapels of &c., in the said county of — ; and also, all such and so many and such part or parts of the capital and other messuages, farms, lands, tenements, tithes, and other hereditaments particularly mentioned in the schedule hereunder written or hereunto annexed, as are not vested in the said C. B. for an estate of inheritance in fee-simple, or for a customary estate of inheritance to him and his heirs, with their appurtenances, are and stand limited, To the use of such person or persons, and for such estate and estates, interest and interests, and in such sort and manner and form, as the said C. B. and A. B. shall during their joint lives, by any deed or deeds, instrument or instruments in writing, to be by them sealed and delivered in the presence of, and

attested by, two or more credible witnesses, from time to -of the agree. time direct, limit, and appoint; And whereas a marriage ment for the has been agreed upon, and is intended to be shortly had marriage; -of the agree. and solemnized, between the said A. B. and C. D.; And ment for the

WHEREAS, upon the treaty for the said intended marriage, settlement;

it was agreed that the said several manors of &c., with their respective rights, members, and appurtenances, and the said site of the said late monastery and the said rectories of &c., and the said advowsons of the said churches and rectories of &c., and of the said churches and vicarages of &c., and of the said chapels of &c., and all the said capital and other messuages, farms, lands, tithes, and other hereditaments particularly mentioned in the schedule hereunder written or hereunto annexed, with their appurtenances, And all other the hereditaments, if any, in the said county of ---, or in that part of the parish of — which lies in the said county of — , over which they the said C. B. and A. B. have a joint power of appointment, or which are vested in the said C. B. for an estate of inheritance in feesimple, or for a customary estate of inheritance to him and his heirs, should be respectively appointed, conveyed, surrendered, settled, and assured, To the uses, upon and for the

WITH USUAL

CLAUSES.

, mal, 1

pursuance 01 mne said the husband

trusts, intents, and purposes, and with, under, and subject REAL ESTATE to the powers, provisoes, agreements, and declarations" hereinafter expressed, declared, and contained of and concerning the same respectively. NOW THIS INDEN. Witnesseth, apTURE WITNESSETH, that, in pursuance of the said her husband agreement, and in consideration of the said intended mar- and his father; riage, and pursuant to and by force and virtue and in exercise and execution of the power or authority, or powers or authorities, in the said C. B. and A. B. for this purpose vested as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling them in this behalf, they the said C. B. and A. B., with the privity and approbation of the said E. D. and C. D., (testified by their severally being parties to and executing these presents), do, by this present deed or instrument in writing, by them sealed and delivered in the presence of, and attested by, the two credible persons whose names are intended to be hereupon indorsed as witnesses attesting the sealing and delivery of these presents by them the said C. B. and A. B., jointly direct, limit, and appoint (c), That the said manors of the free

hold heredita. of &c., and the said site of the said late monastery or abbey me of — , and the said rectories of &c., and the said advow- to their power; sons of &c. &c., and all such and so many and such part and parts of the said capital and other messuages, farms, lands, tenements, tithes, and other hereditaments particularly mentioned and comprised in the said schedule hereunder written, or hereunto annexed, as are not vested in the said C. B. for an estate of inheritance in fee-simple, or for a customary estate of inheritance to him and his heirs ; And also, all and singular other hereditaments whatsoever, if any, in the said county of — , or in that part of the parish of — which lies in the said county of

— , which they the said C. B. and A. B. jointly have power in anywise to direct, limit, or appoint, TOGETHER with, &c. [general words] (d), SHALL, FROM AND AFTER

(c) As to the mode of executing powers, see ante, Vol. 3, p. 211, n. (e).

(d) The estate clause is omitted in appointments. (See ante, Vol 3, p. 232, n. (n)).

VOL. IV.

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WITH USUAL
CLAUSES.

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REAL ESTATE the solemnization of the said intended marriage, go, re

. main, and be (e), To the uses, upon and for the trusts,

intents, and purposes, and with, under, and subject to the -after the marriage; powers, provisoes, agreements, and declarations, hereinafter

: expressed, declared, and contained of and concerning the quently declar. same respectively. AND THIS INDENTURE ALSO

WITNESSETH, that, in further pursuance of the said Witnesseth further convey. agreement, and in consideration of the said intended mar. ance by the riage, he the said C. B., with the privity and approbation husband's father; of the said A. B., and also of the said E. D. and C. D.,

(testified by their severally being parties to and executing these presents), hath granted, released, and confirmed, and by these presents doth grant, release, and confirm, unto the

said I. K. and L. M., (in their actual possession, &c., ante, -of freehold Vol. 3, p. 198), and their heirs, All such and so many and hereditaments

$ such part and parts of the said capital and other messuages, seised in fee. farms, lands, tenements, tithes, and other hereditaments

particularly mentioned and comprised in the said schedule hereunder written or hereunto annexed, and not of copy. hold or customary tenure (f), as are not hereinbefore directed, limited, and appointed, or expressed and intended so to be; And also, all and singular other hereditaments whatsoever, if any, in the said county of — or in that part of the said parish of which lies in the said county of — , or to which he the said C. B. is seised or in any.

wise entitled, for an estate of inheritance in fee-simple, Habendum. TOGETHER WITH, &c. [general words]: TO HAVE AND TO

HOLD the said capital and other messuages, farms, lands, tenements, tithes, hereditaments, and all and singular other

the premises hereby granted and released, or expressed To the relea- and intended so to be, Unto the said I. K. and L. M. sees.

and their heirs, TO THE USE of the said C. B., his heirs To the use of the grantor un. and assigns, in the meantime, until the said intended martil marriage;

(e) The appointment is made to take effect only on marriage, thereby avoiding the necessity of limiting the estate to the old uses until marriage, as must be done when there is an immediate conveyance. See infra.

(f) See ante, Vol. 3, p. 354, n. (e).

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